Markham has some of the strictest private tree rules in the GTA. Many homeowners are surprised to learn that a fairly modest backyard tree, one they could almost wrap their hands around, may need a City permit before it can be removed or seriously cut back.
This guide covers what Markham’s Tree Preservation By-law protects, how the permit process works, what it costs, and what happens if you skip it.
The By-law Behind the Rules
Private trees in Markham are regulated by Tree Preservation By-law 2023-164. It sets out which trees are protected, what counts as harming them, and the penalties for doing so without approval.
The by-law applies to trees on private property and on public land such as parks and boulevards. Trees on public land are protected at any size, so never cut or prune a City boulevard tree in front of your home yourself.
Which Trees Need a Permit in Markham?
You need a permit to injure or remove a private tree with a trunk diameter of 20 cm (about 8 inches) or more, measured 1.37 m above the ground. That’s a lower threshold than Toronto’s 30 cm, so many mid-sized maples, spruces and lindens qualify.
Keep these points in mind:
- Tree health doesn’t exempt you. Dead, dying and hazardous trees still need a permit application. Hazard cases can be reviewed faster with the right documentation.
- “Injury” counts too. Damaging roots, cutting into the root zone or harming the tree’s water supply can all be treated as injury, not just removal.
- Proper pruning is allowed. Maintenance pruning that follows good arboricultural practice does not need a permit. Heavy, improper cuts such as topping may be treated as injury.
Common Exemptions
The by-law does carve out a few situations. You generally don’t need a Markham tree permit for:
- Trees under 20 cm in diameter on private property
- Trees in woodlands or woodlots, which fall under York Region’s forest conservation rules instead
- Trees grown for sale in a nursery or orchard
- Trees in an indoor courtyard or solarium
- Work done by the City or its authorized contractors
If you aren’t sure whether your tree qualifies, measure it or have an arborist do it before booking any work.
How to Apply for a Tree Permit
Markham’s process is handled online and moves quickly once payment is made. Here’s how it works:
- Submit the application online or using the printable form.
- Watch for an email from the City’s Tree Preservation team with your bill and folder numbers.
- Pay within 24 hours of receiving that email, or your application may be cancelled.
- Wait for the review. The City aims to decide within 45 days of payment.
- Receive the decision, which is sent to the registered property owner.
As of January 16, 2026, the non-refundable processing fee is $20.50 per application. Full details are on the City of Markham’s Tree Permit Application page.
Documents That Strengthen Your Application
A permit decision depends heavily on evidence. Depending on your situation, the City may ask for:
- Photos of the tree, the trunk and any defects
- A Tree Risk Assessment Report from a qualified arborist, which can get hazardous trees an expedited review
- An arborist report as a condition of approval
- A Tree Assessment and Preservation Plan or Declaration Form for construction and development projects
A clear, professional arborist report explains the tree’s condition, the risks it poses and why removal is justified. That often makes the difference between a quick approval and a back-and-forth with the City.
Trees on the Property Line
If a tree’s trunk or root flare crosses the property line, it’s a boundary tree. You need written consent from your neighbour before injuring or removing it, and the printable application form has space for their signature.
Have this conversation early. A boundary tree application without the neighbour’s consent won’t move forward, no matter how strong the rest of the file is.
Replacement Trees and Cash-in-Lieu
Approval often comes with conditions. If the tree being removed isn’t dead, dying or hazardous, the City may require you to plant replacement trees on your property.
When there isn’t room to replant, the City can require planting elsewhere or a cash-in-lieu payment. Plan for this in your budget, especially when removing large, healthy trees.
Penalties for Removing a Tree Without a Permit
Markham takes illegal removals seriously. Under the by-law, a first conviction can bring a fine of $300 to $100,000, and continuing offences can add up to $10,000 per day.
Fines can go even higher when the removal gave the owner an economic advantage, such as clearing a lot for development. Unpaid penalties can also be added to your property tax bill.
Planning a Renovation or Addition?
Construction is one of the most common reasons Markham homeowners need a tree permit. Excavation, grading and heavy equipment can injure roots even when the tree itself is left standing.
Projects that need building or grading permits may also require a preservation plan and tree protection hoarding. Our construction tree services help you meet those requirements before work starts.
Let Us Handle Your Markham Tree Permit
Navigating the by-law on your own takes time, and mistakes can be costly. Five Star Tree Services manages the full tree removal permit process, from measuring the tree to preparing documentation and carrying out the approved tree removal. For a wider look at permit rules across the region, see our guide: Do You Need a Permit to Remove a Tree in Ontario?
Call (416) 990-3355 or request a free quote. We serve Markham and the GTA from 156 Duncan Rd, Richmond Hill.